Dismissed

Takala Kasivisweswara Rao v. The State of A.P.

Andhra Pradesh HC9 Jul 2021CRLP/3763/2021

Case brief

AI extract

What is this about?

The Court dismissed a Criminal Petition under Section 482 Cr.P.C. filed for the release of a vehicle seized under the A.P. Excise Act. It held the petition premature as the competent authority had issued only a direction to collect documents, not a final order imposing conditions, thus no order existed to be challenged.

What did the court decide?

The Criminal Petition was dismissed as premature; no immediate relief was granted.

Takala Kasivisweswara Rao Vs… — Constitutional and Fundamental Rights | Andhra Pradesh HC (2021)

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THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY CRIMINAL PETITION No.3763 of 2021

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ORDER:-

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This Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.”) is filed seeking release of the vehicle that was seized towards interim custody in a case registered under Sections 34(e) r/w.34(2) and 13 of the A.P. Excise Act and Section 3(b) r/w.4 of the GUR (Regulation of Use) Order, 1968, in connection with transportation of jaggery.

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Heard learned counsel for the petitioner and learned Additional Public Prosecutor for respondent State.

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Since the crime was registered under Sections 34(e) r/w.34(2) and 13 of the A.P. Excise Act, the competent authority under Section 46 of the A.P. Excise Act is the Deputy Commissioner of the concerned department or the Superintendent of Police to order for custody of the vehicle. It appears that the petitioner has already approached the Superintendent of Police, West Godavari District, Eluru seeking release of the said vehicle towards interim custody. The Superintendent of Police, West Godavari District, by his proceedings dated 13.05.2021, has only directed the concerned Station House Officer to collect certain documents like Fixed Deposit Receipt, undertaking on non-judicial stamp paper worth of Rs.100/-, affidavit on non-judicial stamp paper of worth Rs.10/- and original C-Book and directed him to send the attested copies of the said documents to the Superintendent of Police for issuing orders for interim custody of the vehicle. Therefore, it is not an order passed by the

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Superintendent of Police for release of the vehicle towards interim custody by imposing any such conditions. It is only a direction to the Station House Officer to send certain documents to him after collecting the same from the petitioner for the purpose of passing orders for release of the vehicle towards interim custody. So, it is clear that petition filed by the petitioner for release of the vehicle is still pending with the Superintendent of Police.

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Therefore, the present Criminal Petition is pre-mature petition. As no such order has been passed by imposing any such condition for release of the vehicle towards interim custody, the petitioner cannot question the said proceedings, dated 13.05.2021, whereby the Superintendent of Police only directed the Station House Officer to send certain documents for the purpose of passing the orders. Since, no order is passed, this Criminal Petition cannot be entertained.

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Therefore, the Criminal Petition is dismissed. However, after passing any such order by the Superintendent of Police for release of the vehicle towards interim custody and if the petitioner is aggrieved by the said order or by any condition imposed therein, the petitioner is at liberty to approach this Court by way of filing a fresh Criminal Petition.

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Miscellaneous petitions, if any pending, in the Criminal Petition, shall stand closed.

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Date: 09.07.2021 AKN

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______________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY

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THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

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CRIMINAL PETITION No.3763 of 2021

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Date: 09-07-2021

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AKN

Takala Kasivisweswara Rao v. The State of A.P.

Case brief

What is this about?

What did the court decide?

Takala Kasivisweswara Rao v. The State of A.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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